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Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for the termination of the civil partnership

Description

A civil partnership can be annulled by the court under certain conditions.

To apply to the competent local court – family court – please contact a lawyer. Your life partner does not need legal representation if he or she agrees to the annulment and does not want to file any applications himself or herself.

In court proceedings, it is examined whether one of the grounds for annulment exists.

Your lawyer must apply to the family court for annulment on your behalf.

  • The court will serve the application for annulment with your life partner. There is no obligation for a lawyer to approve the divorce application.
  • At the hearing on the application for annulment, the life partners are usually heard in person on the conditions for annulment.
  • If the conditions for annulment are met, the family court will issue a decision annulling the civil partnership.

Jurisdiction lies with the district court in whose district the life partners have their common habitual residence.

In the absence of such a residence, the district court in whose district one of the partners with the joint minor children has the habitual residence is competent.

If there are no common minor children, either the district court of the former common habitual residence has jurisdiction if one of the life partners in his district still has his center of life. Otherwise, the district court in whose district the defendant usually resides shall have jurisdiction. The lawyer will inform you about the details.

  • They have been living apart for a year and both want the repeal or
  • it cannot be expected that a partnership between you can be restored, or
  • You have already been living apart for three years or
  • You have not yet lived apart for a year, but the continuation of the partnership would be an unreasonable hardship for you for reasons that lie in the person of the other.

As a rule, the following must be submitted for this purpose:

  • Your photo ID
  • the marriage certificate in the original or in a certified copy

Please seek legal advice on what documents your lawyer needs from you.

  • Lawyer's fees according to the Lawyers' Remuneration Act (RVG)
  • Costs of the court, § 43 Act on Court Costs in Family Matters (FamGKG)
  • in each case calculated according to the amount of the object value (income and asset-dependent)
  • in case of need, legal aid can be applied for
  • As a rule, the court orders a cancellation of costs. This means that each of the life partners bears their own legal fees and half of the court costs.
  • If the life partners have made a different agreement on the costs, the court can agree to this in whole or in part.
  • If the application for annulment is rejected, the applicant must bear all costs.
  • Tip: Specific information about the costs incurred in the proceedings can be obtained from your lawyer.
  • At least 3 months due to the given procedure, in more complex procedures possibly longer, depending on the individual case

Complaint pursuant to §§ 58 et seq. FamFG against the family court decision within one month by a lawyer

None

The text was automatically translated based on the German content.

Senator for Justice and Constitution of the Free Hanseatic City of Bremen

No authority found